beta
(영문) 서울중앙지방법원 2019.04.26 2018가합575903

손해배상(건)

Text

1. The Defendant: (a) KRW 6,677,467 to Plaintiff Limited Partnership Company A; (b) KRW 1,233,520 to Plaintiff B; and (c) each of them on June 2018.

Reasons

1. Basic facts

A. Conclusion of the contract between the plaintiffs and the defendant 1) The defendant C (hereinafter "C")

D) On November 8, 2016, the Company shall be referred to as “the Second Group” (hereinafter referred to as “the Second Group”).

(1) Newly constructed a cafeteria (hereinafter referred to as “instant 1 corporation”)

2) On November 28, 2016, the Plaintiff Limited Partnership Company A (hereinafter referred to as “Plaintiff A”) made a public notice of bid.

) As to the instant First Works, the contract was concluded on December 5, 2016, the date of commencement, and January 31, 2017, with regard to the total construction cost of the instant First Works, KRW 1,520,215,260, and the date of completion (hereinafter “instant contract for the First Works”).

(2) On December 17, 2016, the Defendant-affiliated E (hereinafter “E”) published a tender for the construction of a new restaurant with a military police unit (hereinafter “instant secondary construction”) within the second unit of the company on December 17, 2016. On January 11, 2017, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) and the second unit of the company on January 11, 2017, concluded a contract for the construction of the instant construction with the amount of total construction cost of KRW 983,050,70, the date of commencement, January 18, 2017; the date of completion, November 30, 2017.

(hereinafter referred to as “instant contract for the second construction project”). (b)

The Defendant’s order to suspend construction and the rescission of the contract for construction works in the instant case 1 and 2) pursuant to the guidelines for setting up a revision 1 (hereinafter “revision 1”) of the National Defense Reform Master Plan (2014-2030), which was formulated around April 11, 2016, around December 15, 2016, the Defendant respectively produced No. 1 for revision for reporting to the Military Council/National Defense Reform Committee on December 15, 2016, and February 7, 2017.

Correction 1 included contents about the reorganization of the number of military units in the second group.

B) On February 16, 2017, the Army Headquarters: (a) anticipated the reorganization of the number of military units pursuant to subparagraph 1 of the revision; (b) sent an official letter to the head of the FF group to review the first and second construction plans of the instant case; (c) on February 21, 2017, the head of the FF group changed the number of military units of the second group based on the official letter stated in the foregoing paragraph, and thus, the number of military units of the second group and the military police group need not be changed.